Nearly all businesses purchase commercial general liability (CGL) insurance. Many lawsuits trigger Coverage A of the CGL insurance policy form, which insures liability for bodily injury and property damage. Less well known is Coverage B, which insures against personal and advertising injury liability. This article discusses the broad scope of Coverage B, particularly for violations of intangible rights and intentional torts, which many businesses (and their attorneys) incorrectly assume are uncovered.

Intangible Rights and Intentional Torts

While Coverage A responds to claims of liability of bodily injury or property damage caused by an “occurrence” (which is typically defined as an accident including the continuous exposure to harmful conditions), the key term in Coverage B is “offense.” The word “occurrence” does not make an appearance in Coverage B. The term “offense” is defined in the insurance policy form and often involves conduct that is not at all accidental.

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